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Sean F. Darke

Sean F. Darke

Partner

IL – Chicago
T: 312.781.6554 | F: 312.781.6630

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Sean focuses his practice on defending businesses in complex employment and business litigation in federal and state courts. He also advises businesses on the navigation of numerous employment and labor laws across the country to protect the business from future liability.

Sean has a successful record of winning dismissals and early case resolutions for his clients. Sean defends businesses in class action under anti-discrimination statutes, wage and hour laws, including, The Fair Labor Standards Act, Title VII, the Americans with Disability Act, Illinois Biometric Information Privacy law and other business laws. Sean also focuses his practice on drafting employment contracts, company policies, non-compete agreements, master service agreements and other business documents for entrepreneurs, startup businesses and corporate clients.

Practices

  • Prevailed on an appeal to the Court of Appeals, State of Illinois, First District involving the Illinois Unemployment Insurance Act, defining what is considered misconduct under section 602A in Alternative Staffing, Inc. v. Illinois Department of Employment Security, et al., 2012 IL App (1st) 113332
  • Successfully defended a media company on its restrictive covenant agreement for a high level manager
  • Prevailed on an early motion to dismiss a contract claim filed against a real estate company
  • Prevailed on motion to dismiss individual officer and owner from Fair Labor Standards Act complaint for personal liability for a real estate company
  • Won summary judgment on the motor carrier exemption under the Fair Labor Standards Act for drivers, helpers and mechanics when some individuals did not leave the State of Illinois
  • Won dismissal on allegations of earned commission under the Illinois Wage Payment and Collection Act seeking $1.5 million in earned commissions in 2018
  • Won motion to dismiss individual officers and owners from personal liability under the Illinois Minimum Wage Law (IMWL) by successfully arguing that the IMWL does not support personal liability against owners, officers or other management